Secret recordings: Alberta court orders trial for wrongful dismissal claim

Wan v. H&R Block Canada Inc.

The Alberta Court of King’s Bench (ABKB) recently refused to summarily dismiss a wrongful dismissal action — addressing the question of whether an employee who secretly records conversations with their employer may appropriately be fired for cause.

In Wan v. H&R Block Canada Inc., the company alleged it had after-acquired cause to terminate Timothy Wan once he revealed during litigation that he had secretly recorded multiple meetings.

“I find that the issues in this action cannot be determined fairly and justly on the paper record alone here,” Judge James Farrington said in the ruling.

“Much of the result depends on subtleties and nuances as to Mr. Wan’s motivations, the pressures that he may or may not have been under in relation to the workplace, and the workplace environment generally. All of that is in issue, and in my view, it is largely credibility dependent, and it must be determined at a trial.”

There’s no general legal principle that a secretive workplace recording will always justify a termination for cause.

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Is it illegal to record conversations at work in Alberta?

In Alberta, there is no law that prevents non-unionized employees from recording conversations or meetings without the consent of all parties involved.

LISTEN: Employment lawyer Lior Samfiru explains what rights you have if a coworker secretly records your conversation with someone else on an episode of the Employment Law Show.

However, employees in the province should consider whether the recording is necessary and if it impinges on another individual’s privacy rights before doing so.

Comprehensive services for employees

If you lost your job for recording a conversation at work, or for another reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers have successfully represented tens of thousands of non-unionized individuals in Alberta, British Columbia, and Ontario.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you’re a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900.

Get the advice you need and the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and SHOULD NOT be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.